Office of Local Government v Mehajer [2014] NSWCATOD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Mehajer [2014] NSWCATOD 64 Hearing dates: 29 May 2014 Decision date: 16 June 2014 Jurisdiction: Occupational Division Before: Hon. W. Haylen QC, Deputy President/Divisional Head Decision: (a) That pecuniary disclosure returns lodged with the General Manager of Auburn City Council in 2012 and 2013 by Councillor Salim Mehajer were in breach of s.449(1A) of the Local Government Act 1993 in that the Councillor lodged returns that he knew or ought reasonably have known to be false or misleading in a material particular (b) Councillor Salim Mehajer of Auburn City Council is suspended from civic office for a period of one month, to take effect seven days after the date of publication of this decision. (c) Copies of this decision and the orders of the Tribunal shall be provided to the General Manager of Auburn City Council and shall be made publicly available Catchwords: Local Government Act 1993- breach of s.449(1A)-pecuniary interest disclosure to be made by Councillor-obligation to file a return disclosing such interests-failure of Councillor to file returns that he knew or ought reasonably to have known were false or misleading in a material particular-breach admitted-consequences of breach considered-Councillor suspended Legislation Cited: Local Government Act 1993 Cases Cited: Director General, Department of Premier and Cabinet v Councillor Martin Ticehurst, City of Lithgow Council (LGPIDT 02/2012) Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant) Councillor S Mehajer (Respondent) Representation: Mr P Barley (Applicant) Mr S. Free (Respondent) File Number(s): 1420095